TB6-05983

TB6-05983

RAD confirmed RPD because appellants had permanent resident status in Italy making Article 1E applicable; independent documentary evidence established adequate operational state protection for victims of trafficking and against mafia threats; appellants failed to take reasonable steps to test Italian protection (purchased tickets before reporting and left within 24 hours), and the RPD properly considered gender and child guidelines; therefore there was no serious possibility of persecution and the appeal is dismissed.

Citation
TB6-05983
Parties
Appellant: XXXX XXXX; Husband: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 August 2016
Procedural Posture
Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division (rad)
Outcome
Appeal dismissed; RAD confirms RPD decision that appellants are not Convention refugees and are not persons in need of protection
Legal Topics
Article 1 E Exclusion, State Protection, Gender Based Persecution Guidelines (guideline 4), Child Claimant Guidelines (guideline 3), Standard of Review (correctness), Police Conduct and Discrimination, Trafficking Victim Protections in Italy
Source Language
English
Immigration Law Refugee Law Human Trafficking Law Criminal Law (organized Crime) Administrative Law Article 1 E Exclusion State Protection Gender Based Persecution Guidelines (guideline 4) +4 more

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Parties

XXXX XXXX

Appellant

XXXX XXXX XXXX

Husband

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division (rad)

Legal Issues

  1. 1 Whether appellants are excluded from refugee protection under section 98 IRPA and Article 1E of the Convention due to residence status in Italy
  2. 2 Whether adequate state protection is available in Italy at an operational level
  3. 3 Whether appellants took reasonable steps to seek state protection before claiming in Canada

Ratio Decidendi

RAD confirmed RPD because appellants had permanent resident status in Italy making Article 1E applicable; independent documentary evidence established adequate operational state protection for victims of trafficking and against mafia threats; appellants failed to take reasonable steps to test Italian protection (purchased tickets before reporting and left within 24 hours), and the RPD properly considered gender and child guidelines; therefore there was no serious possibility of persecution and the appeal is dismissed.

Court Disposition

Appeal dismissed; RAD confirms RPD decision that appellants are not Convention refugees and are not persons in need of protection

Orders

  • Appeal dismissed pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act; RPD decision confirmed; no referral for redetermination